Ian Kravitz’s Answers

I am a landscape maintenance contractor and have been providing service on a property for 10 years the owner has not paid for 2

months. he ignores all invoices and refuses to return my calls.I have stopped the service on the property. I would like to know if a lien is the answer or what I can do. The amount owed is around $ 850.00

Ian’s Answer

July 7, 2012 1:31am

If your services were related to maintenance of the property, you do not have lien rights. It sounds like this is your scenario. If instead you rendered permanent improvement to the property, such a installing landscaping, trees, etc, you may have such lien rights. You should consult experienced construction counsel to be sure. If nothing else, you can bring a small claims action for the monies owed. No lawyer would be necessary for such a suit.

Tiling contractor has done a terrible job

I am renovating a condo and have had a contractor put in tiling on the floor (1200 sq ft / 7500 USD). The job was finished while I was overseas and the whole thing has been paid for (naively I thought I could trust the company and had to leave the...

Ian’s Answer

July 7, 2012 1:18am

Much will depend on the specific language of your agreement. However, in a broad sense, your contractor is responsible to properly perform his/her work.

Pursuant to Chapter 558 Florida Statutes, there is a process in place to try and seek resolution prior to having to file a lawsuit. A specific demand can be sent to the contractor providing him an opportunity to inspect an offer to repair the defective work.

This statutory demand requires that certain items be included in such a demand. You should retain experienced construction counsel to ensure compliance.

If I organized an LLC while under a non-compete that prohibits it, but do not do any business, are I liable for damages?

I entered into a non-compete in Florida that prohibits forming a business entity without my employers permission - I was put on probation and was on the verge of being fired. I registered an LLC in case I was terminated - Filed 5-14-12 to begin bu...

Ian’s Answer

July 7, 2012 1:09am

This is all going to depend on the specific language of your non-compete. You will need to have legal counsel review it's exact terms.

In filing a demand letter for non payment in Florida, as a subcontractor, when do I add add'l amounts for attorneys and such?

I am a sub-sub contractor on a public project for the City of Tampa. The subcontractor that hired us is not paying our invoices, and we have filed a lien (for the moneys owed as per the contract). We have 15 days to file a notice of non-payment an...

Ian’s Answer

July 6, 2012 6:40pm

(A) First of all, you need to retain experienced Florida Construction counsel. (B) You cannot foreclose a claim of lien on publicly owned property. (C) you cannot add those other items into your Notice of Nonpayment as to the bond claim. To the extent that you are a proper claimant and prevail on the bond, some of those items can then be added in through court judgment. (D) See item (A) above.

Roof damage from poor roofing contractor

I had a roof put on about 7 years ago. After recent heavy rains, I noticed water damage from improper installation from the original job. Also, after reviewing the one page contract, the roofer did not remove the old shingles as charged and there ...

Ian’s Answer

July 4, 2012 3:02am

Selected as best answer

If these damages were truly latent (not knowable through reasonable and customary inspection) there may be a window to seek relief through suit. A complaint with the Department if Business and Professional Regulation is free, and may get some action, but they may avoid getting involved in a civil contract matter. Best to consult formally with construction counsel to see where you can go with this.

Claim of lien

If I have a lien put on my property for around $1000, does that simply mean that if I ever choose to sell the property, the lien holder gets their monies? Or can they actually take possession of property worth well in excess of the amount of the l...

Ian’s Answer

June 28, 2012 3:52pm

If a construction lien is placed on your property in regards to improvements made on your property, the lien holder can file suit to foreclose on that construction lien. In such proceeding, the Court can order the propetry sold to satisfy the lien, interest, attorney's fees and costs. So yes, you can lose your property if a lienor decides to enforce a construciton lien on your property.

If I receive a contractor's final affidavit and release of lien does this release me of any monies owed?

My roof is almost complete. I am wondering if I receive this affidavit and release of lien does this release me of any monies owed?

Ian’s Answer

April 2, 2012 4:08pm

As between you and the contractor you contracted with, you are only released top the extent that you paid the contractor something in exchange for that release. As to any others who may rely upon your release, such as a lender, that release is binding, as long as it is unambiguous.

As to subcontractors who may be owed monies, this is never so clean and simple. If for example you recieved a Notice to Owner from a subcontractyor or material supplier, and have not recieved a Final Release of Lien from that lower tiered lienor, you may remain liable to them even if you recieved a Final Affidavit from your contractor.